The Deprivation of Liberty Safeguards are an amendment to The Mental Capacity Act 2005and they say that people must be cared for in the least restrictive way for their own protection and in their best interests. For any deprivation of liberty to be lawful, care homes and hospitals must make a request to Hull City Council for a formal assessment about whether depriving someone of their liberty is necessary. Sometimes there are less restrictive ways of keeping someone safe, and we will always try to find those ways.
The Safeguarding Team, acting as Supervisory Body on behalf of the council, would carry out the assessments.
A restriction on someone amounts to a Deprivation of Liberty if -
- They are subject to continuous supervision and control
- They are not free to leave – with the focus being not on whether a person seems to be wanting to leave, but on how those who support them would react if they did want to leave.
A Deprivation of Liberty assessment should also be considered if any of the following are happening -
- frequent use of sedation/medication to control behaviour
- regular use of physical restraint to control behaviour
- the person concerned objects verbally or physically to the restriction and/or restraint
- there are objections from family and/or friends to the restriction or restraint
- the person is confined to a particular part of the establishment in which they are being cared for
- the person is already subject to a deprivation of liberty authorisation which is about to expire.
Any deprivation that is authorised by the council will be for as short a time as possible. The maximum period would be 12 months. If someone is living somewhere other than a care homes or hospital and may need to be deprived of their liberty, the Court of Protection need to authorise this and Hull City Council’s Safeguarding Team should be contacted for advice.